BILL NUMBER: SB 910 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN ASSEMBLY AUGUST 30, 2011
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Lowenthal
FEBRUARY 18, 2011
An act to amend Sections 21460 and 21750 of, and to add Section
21750.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 910, Lowenthal. Vehicles: bicycles: passing distance.
(1) Under existing law, a driver of a vehicle overtaking another
vehicle or a bicycle proceeding in the same direction is required to
pass to the left at a safe distance without interfering with the safe
operation of the overtaken vehicle or bicycle, subject to certain
limitations and exceptions. A violation of this provision is an
infraction punishable by a fine not exceeding $100 for a first
conviction, and up to a $250 fine for a 3rd and subsequent conviction
occurring within one year of 2 or more prior infractions.
This bill would recast this provision as to overtaking and passing
a bicycle by requiring the driver of a motor vehicle overtaking and
passing a bicycle that is proceeding in the same direction on a
highway to pass in compliance with specified requirements applicable
to overtaking and passing a vehicle, and to do so at a safe distance
that does not interfere with the safe operation of the overtaken
bicycle, having due regard for the size and speed of the motor
vehicle and the bicycle, traffic conditions, weather, and the surface
and width of the highway. The bill would prohibit the driver of the
motor vehicle that is overtaking or passing a bicycle proceeding in
the same direction on a highway from passing at a distance of less
than 3 feet between any part of the motor vehicle and any part of the
bicycle or its operator, except as provided. The bill would make a
violation of this provision an infraction punishable by a $35 fine.
The bill would also require the imposition of a $220 fine on a driver
if a collision occurs between a motor vehicle and a bicyclist
causing bodily harm to the bicyclist, and the driver is found to be
in violation of the above provisions.
(2) Existing law prohibits a person from driving a vehicle to the
left of double parallel solid lines, or double parallel lines, one of
which is broken, except as provided. Notwithstanding that
prohibition, existing law permits a driver to cross those double
parallel lines if the driver is turning to the left at any
intersection or into or out of a driveway or private road or making a
U-turn under the rules governing that turn.
This bill would limit the above prohibition, relating to unbroken
double parallel solid lines, to solid yellow lines. The bill would
prohibit a person driving a vehicle from crossing over any part of
any double parallel solid white lines except in the above situations
or when entering or exiting designated areas of exclusive or
preferential use lanes, as provided. The bill would permit a driver
of a motor vehicle to cross double parallel lines in a substandard
width lane, as described, to pass a person operating a bicycle in the
same direction, if in compliance with a specified provision.
Because this bill would create a new crime and would expand the
scope of an existing crime, this bill would impose a state-mandated
local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21460 of the Vehicle Code is amended to read:
21460. (a) If double parallel solid yellow lines are in place, a
person driving a vehicle shall not drive to the left of those lines,
except as permitted in this section.
(b) If double parallel solid white lines are in place, a person
driving a vehicle shall not cross any part of those double solid
white lines, except as permitted in this section or Section 21655.8.
(c) If double parallel lines, one of which is broken, are in
place, a person driving a vehicle shall not drive to the left of
those lines, except as follows:
(1) If the driver is on the side of the roadway in which the
broken line is in place the driver may cross over the double lines or
drive to the left of the double lines if the driver is overtaking or
passing other vehicles.
(2) As provided in Section 21460.5.
(d) (1) The markings, as specified in subdivision (a), (b), or
(c), do not prohibit a driver from crossing the markings, if either
of the following applies:
(A) The driver is turning to the left at an intersection or into
or out of a driveway or private road.
(B) The driver is making a U-turn under the rules governing that
turn.
(2) The markings as specified in subdivision (a), (b), or (c)
shall be disregarded if authorized signs have been erected
designating offcenter traffic lanes as permitted under Section 21657.
(e) Raised pavement markers may be used to simulate painted lines
described in this section if the markers are placed in accordance
with standards established by the Department of Transportation.
(f) (1) The driver of a motor vehicle in a substandard width lane
on a two-lane highway may drive to the left of either of the markings
specified in subdivision (a) or (c) to pass a person operating a
bicycle proceeding in the same direction, if in compliance with
Section 21751.
(2) For purposes of this subdivision, a "substandard width lane"
means a lane that is too narrow for a bicycle and a vehicle to travel
safely side by side within the lane.
SEC. 2. Section 21750 of the Vehicle Code is amended to read:
21750. The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left at a safe
distance without interfering with the safe operation of the overtaken
vehicle, subject to the limitations and exceptions set forth in this
article.
SEC. 3. Section 21750.1 is added to the Vehicle Code, to read:
21750.1. (a) The driver of a motor vehicle overtaking and passing
a bicycle that is proceeding in the same direction on a highway
shall pass in compliance with the provisions of this article
applicable to overtaking and passing a vehicle, and shall do so at a
safe distance that does not interfere with the safe operation of the
overtaken bicycle, having due regard for the size and speed of the
motor vehicle and the bicycle, traffic conditions, weather, and the
surface and width of the highway.
(b) A driver of a motor vehicle shall not overtake or pass a
bicycle proceeding in the same direction on a highway at a distance
of less than three feet between any part of the motor vehicle and any
part of the bicycle or its operator, except that the driver may pass
the overtaken bicycle with due care at a distance of less than three
feet at a speed not greater than 15 miles per hour, if in compliance
with subdivision (a).
(c) (1) A violation of subdivision (a) is an infraction punishable
by a fine of thirty-five dollars ($35).
(2) If a collision occurs between a motor vehicle and a bicycle
causing bodily injury to the bicyclist, and the driver of the motor
vehicle is found to be in violation of subdivision (a), a two hundred
twenty dollar ($220) fine shall be imposed on that driver.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.